Chapter 13.05 AMENDMENTS TO INTERNATIONAL BUILDING CODE

101.4.6 Energy. The provisions of the International Energy Conservation Code as adopted and amended in Chapters 51-11R and 51-11C WAC and YCC 13.15 shall apply to all matters governing the design and construction of buildings for energy efficiency.

(Ord. 4-2021 § 2, 2021).

13.05.020 Amendment to Chapter 1, Section 103, Department of Building Safety.

Section 103 of the International Building Code, 2018 Edition, is hereby amended as follows:

Section 103, Creation of enforcement agency.

103.1 Creation of enforcement agency. The Building and Fire Safety Division of the Public Services Department is hereby established and the official in charge thereof shall be known as the building official.

103.2 Deleted. See YCC 13.04.010.

103.3. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint a deputy building official, the related technical officers, inspectors, plans examiners and other employees. Such employees shall have powers as delegated by the building official. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the Building and Fire Safety Division. For the maintenance of existing properties, see the International Property Maintenance Code.

(Ord. 4-2021 § 2, 2021).

13.05.025 Amendment to Chapter 1, Section 104.1, General, and Section 104.8, Liability.

Section 104.1 and Section 104.8 of the International Building Code, 2018 Edition, are hereby amended as follows:

104.1 General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt and enforce rules, policies and procedures in order to clarify the application of its provisions. Such interpretations, rules, policies and procedures shall be in conformance with the intent and purpose of this code. Such rules, policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Such rules, policies and procedures adopted by the building official as authorized in this code shall become part of Chapter 1, Administration, and shall be applied in conjunction with the provisions of Chapter 1.

104.8 Liability. The building official, or employee charged with the enforcement of this code, while in the discharge of their official duties, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required, or permitted, or in the scope of their official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the code enforcement agency, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

(Ord. 4-2021 § 2, 2021).

13.05.030 Amendment to Chapter 1, Section 105, Permits.

Section 105.1 Required, and Section 105.2 Work exempt from permit, Building, of the International Building Code, 2018 Edition is hereby amended as follows:

105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application with the building official and obtain the required permit.

Where a bridge or an elevated surface has been identified as part of a fire apparatus access road under Section 503.2.6 of the International Fire Code as adopted and amended by Yakima County in YCC 13, the owner or authorized agent shall first make application with the building official and obtain the required permit. Plans, calculations, and other documentation necessary to show that the bridge or elevated surface complies with the requirements of Section 503.2.6 of the International Fire Code shall be submitted and shall be prepared by a registered design professional.

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. Non-habitable, one-story, no loft storage, detached, unheated residential accessory structures on the same lot with a Group R-3 occupancy (house) used as tool and storage sheds, playhouses, pump houses, or woodsheds, provided the building area, exterior wall measurement, does not exceed 200 square feet (18.58 m2), maximum 24” eave overhang, and maximum 10’ wall height. In addition, in order to qualify as being exempt from permitting requirements of section 105, the structure must meet all of the following conditions:

• The structure shall not have a basement or crawl space that provides greater than 18 inches clearance below floor joists to the lowest part of the basement or crawlspace

• The structure shall not be located in an area designated as a “critical area” or “shoreline area” by state or local regulation

• The structure shall not be located in a flood plain or floodway mapped by FEMA.

• The structure is not located in a Moderate, High, or Extreme Wildland Urban Interface risk zone.

• The combined total number of residential accessory structures exempt from permitting requirements of section 105 on any one lot shall not exceed 2 structures- each 200 square foot maximum. There shall be a minimum of 6’ spacing between the accessory structures. Additional residential accessory structures may be built by obtaining permits for them.

• The structure shall not be used, or intended to be used, for living, sleeping, or cooking

• The structure shall not be used as a carport or garage for the storage of automobiles, tractors, motor homes, recreational vehicles or similar motorized vehicles. Note: lawn mowers, garden tillers, and other small motorized lawn and garden care equipment may be stored

• The structure shall not be used for storage of agricultural products, farm equipment

• The structure may be used as a portable animal shelter (maximum size is 360 square feet)

• The structure is not used, or intended to be used, as a place of business

• The structure shall not be equipped with any plumbing system, (i.e. bathroom), may include plumbing equipment for use as a well pump house

• The structure shall not be equipped with any mechanical system

• The structure is not used for storage of hazardous materials in excess of the amounts listed in the Fire Code. (maximum allowable quantity per control area of hazardous materials posing a physical hazard, and maximum allowable quantity per control area of hazardous materials posing a health hazard).

Structures that do not meet the above parameters and conditions are not exempt from the permitting requirements of section 105 and it is required that permits must be obtained prior to commencing construction.

2. Fences not over 7 feet (1829 mm) high.

3. Oil derricks.

4. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2 to 1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies.

13. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

(Ord. 4-2021 § 2, 2021).

13.05.040 Amendment to Chapter 1, Section 107.3.1, Approval of construction Documents.

Section 107.3.1 of the International Building Code, 2018 Edition, is hereby amended as follows:

107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

(Ord. 4-2021 § 2, 2021).

13.05.045 Amendment to Chapter 1, Section 108, Temporary Structures and Uses of the International Building Code, 2018 Edition.

Section 108, Temporary Structures and Uses, of the International Building Code, 2018 Edition, is amended as follows:

108.1 General. The building official is authorized to issue a permit for temporary structures and uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

Exception: The building official may authorize unheated tents and yurts under 500 square feet in area accommodating an R-1 Occupancy for recreational use as a temporary structure and allow them to be used indefinitely. The building official may authorize unheated tents and yurts exceeding 500 square feet in area, but not greater than 750 square feet in area, accommodating an R-1 Occupancy for recreational use, and which are provided with not less than two (2) rescue and emergency egress openings with such openings located not less than one half the major diagonal dimension of the tent, or yurt, apart, as a temporary structure and allow them to be used indefinitely.

(Ord. 4-2021 § 2, 2021).

13.05.050 Amendments to Chapter 1, Section 109, Fees.

Section 109 of the International Building Code, 2018 Edition, is amended as follows:

109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The fee for each permit shall be as set forth in Amended Table 1-A as established in YCC 13.24.020.

109.2.1 Plan Review Fees. When submittal documents are required to be submitted by Section 107, a plan review fee in addition to the permit fee shall be paid at the time of submitting submittal documents for plan review. Said plan review fee shall be SIXTY-FIVE (65) PERCENT of the building permit fee as shown in Amended Table 1-A.

The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves phased approvals as defined in Section 107.3.3 or deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate shown in Amended Table 1-A.

109.3 Building permit valuations. The determination of value or valuation under any of the provisions of this code shall be made by the Building Official by reference to the “building valuation data” as published by the International Code Council. The value to be used in computing the building permit and building plan review fee shall be the total value of all construction work for which the permit is issued. The value or valuation to be used in calculating fees is calculated from the “building valuation data” published by the International Code Council by taking the value per square foot area for the occupancy group and construction type that matches the occupancy group and the construction type of the building for which a permit application has been submitted from the valuation table, and multiplying that value by the building area, as defined in IBC Section 202, to establish the valuation to be used in calculating the permit fee and the plan review fee as set forth in section 109.2 and 109.2.1.

109.4 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the cost of enforcement to the jurisdiction. The minimum investigation fee shall be the same as the permit fee set forth in Amended Table 1-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

109.6 Refunds. The building official is authorized to establish a refund policy.

(Ord. 4-2021 § 2, 2021).

13.05.060 Amendments to Chapter 1, Section 113, Board of Appeals.

Section 113 of the International Building Code, 2018 Edition, is amended as follows:

113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.

113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

113.3 Application. The application for appeal shall be filed on a form obtained from the code official within 20 days after the notice was served.

113.4 Membership of board. The board of appeals shall consist of persons appointed by the chief appointing authority as follows:

1. One for five years; one for four years; one for three years; one for two years; and one for one year.

2. Thereafter, each new member shall serve for five years or until a successor has been appointed.

The building official and fire marshal shall be ex-officio members of said board but shall have no vote on any matter before the board.

113.4.1 Alternate members. The chief appointing authority shall appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for five years, or until a successor has been appointed.

113.4.2 Qualifications. The board of appeals shall consist of five individuals, one from each of the following professions or disciplines:

1. Registered design professional with architectural experience.

2. Registered design professional with structural engineering experience

3. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years’ experience, five of which shall have been in responsible charge of work.

4. A builder or superintendent of building construction with at least ten years’ experience, five of which shall have been in responsible charge of work.

5. Registered design professional with fire protection engineering experience or a fire protection contractor with at least ten years’ experience, five of which shall have been in responsible charge of work.

113.4.3 Rules and procedures. The board is authorized to establish policies and procedures necessary to carry out its duties.

113.4.4 Chairperson. The board shall annually select one of its members to serve as chairperson.

113.4.5 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

113.4.6 Secretary. The chief administrative officer shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.

113.4.7 Compensation of members. Compensation of members shall be determined by law.

113.4.8 Legal counsel. The jurisdiction shall make available legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the jurisdiction’s expense in all matters arising from service within the scope of their duties.

113.5 Notice of meeting. The board shall meet upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic meetings.

113.5.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.

113.5.2 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

113.5.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.

113.6 Board decision. The board shall affirm, modify or reverse the decision of the code official by affirmative votes of the majority present, but not less than three affirmative votes shall be required to pass the motion for the decision.

113.6.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the code official.

113.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board.

(Ord. 4-2021 § 2, 2021).

13.05.065 Amendments to Chapter 1, Section 114, Violations.

Section 114, Chapter 1, of the International Building Code, 2018 Edition is hereby amended as follows:

114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

114.2 Notice of violation. The building official/code manager, is authorized to serve a notice of violation or order on the property owner and other person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the unlawful activity, action or condition and the abatement of the violation. Such notice and order shall be in accordance with the provisions of YCC 13.25.015.

114.3 Prosecution of violation. If the notice of violation is not complied with within the time stipulated in the notice, the building official/code manager is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

Any person, firm or corporation failing to comply with a notice of a violation or order to comply served in accordance with Section 114.2 shall be subject to issuance of a misdemeanor citation and / or civil infraction as provided in YCC Chapter 13.25. If the notice of a violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. All costs to the County of any action taken by the County on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive or order of the building official/code manager, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law and as provided in YCC 13.25. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. 4-2021 § 2, 2021).

13.05.070 Amendments to Chapter 4, Special Use and Occupancy.

Chapter 4 of the International Building Code, 2018 Edition, is amended by addition of Section 429 as follows:

Section 429.1 General

429.1.1 Purpose. The purpose of this section is to establish minimum standards of safety for the construction and use of controlled atmosphere storage buildings.

429.1.2 Scope. The provisions of Section 429 shall apply to buildings or structures defined herein as controlled atmosphere storage buildings and shall supersede other similar requirements in other chapters of the code.

429.1.3 Definitions. For the purpose of this chapter, certain terms are defined as follows:

CONTROLLED ATMOSPHERE STORAGE BUILDING is a building used solely for storage of agricultural products in refrigerated rooms where the room atmosphere is maintained at an oxygen content not exceeding 14% with the remainder being nitrogen, carbon dioxide or similar gas which will not support combustion.

429.1.4 Applicability of other provisions. Except as required by this chapter, controlled atmosphere storage buildings shall meet all provisions of this code applicable to buildings classified as Group S, Division 2 occupancies.

429.2 Automatic Fire-Extinguishing Systems

429.2.1 Automatic fire-extinguishing systems required by Section 903 need not be provided when the controlled atmosphere storage building complies with the allowable floor area provisions of Section 506 or Section 507.

429.3 Means of Egress

429.3.1 Maximum allowable occupant load for a controlled atmosphere storage building shall be 9.

429.3.2 The maximum distance of travel from any point within the controlled atmosphere building to an exterior exit door, horizontal exit, exit passageway, or an enclosed stairway shall not exceed 300 feet (91,500 mm) unless otherwise allowed by this section. The maximum travel distance may be increased in accordance with the following:

1. In a controlled atmosphere storage building equipped with an automatic sprinkler system throughout, the maximum travel distance may be 450 feet (137,250 mm).

429.3.3 Exit doors serving controlled atmosphere storage buildings and rooms and spaces within such buildings need not comply with the requirements of Section 1008 when building operations are conducted in accordance with the following:

1. When the building or portions of the building, are occupied and contain a normal outdoor atmosphere, doors giving access to the building or such portions of the building shall remain open.

429.4 Smoke and Heat Removal

429.4.1 Controlled atmosphere storage buildings need not comply with the requirements of Section 910.

429.5 Standpipes

429.5.1 Controlled atmosphere storage buildings need not comply with the requirements of Section 905.

(Ord. 4-2021 § 2, 2021).

13.05.080 Amendment to Chapter 16, Section 1608, Snow Loads.

Section 1608.2 of the International Building Code, 2018 Edition, is amended as follows:

1608.2 Ground snow loads. The ground snow loads to be used in determining the design snow loads for roofs shall be determined in accordance with ASCE 7 or Figure 1608.2 for the contiguous United States and Table 1608.2 for Alaska. Site-specific case studies shall be made in areas designated “CS” in Figure 1608.2. Ground snow loads for sites at elevations above the limits indicated in Figure 1608.2 and for all sites within the CS areas shall be approved by the building official. Ground snow load determination for such sites shall be based on an extreme value statistical analysis of data available in the vicinity of the site using a value with a 2-percent annual probability of being exceeded (50-year mean recurrence interval). The Structural Engineers Association of Washington has conducted and published a case study (CS) for Washington State. This case study, titled “Snow Load Analysis for Washington,” may be used to establish the ground snow load in all areas of Yakima County in lieu of a site specific case study. Snow loads are zero for Hawaii, except in mountainous regions as approved by the building official.

(Ord. 4-2021 § 2, 2021).

13.05.090 Amendment to Chapter 16, Section 1612, Flood Loads.

Section 1612 of the International Building Code, 2018 Edition, is amended as follows:

SECTION 1612

FLOOD LOADS

1612.1 General. Within flood hazard areas as established in Section 1612.3, all new construction of buildings, structures and portions of buildings and structures, including substantial improvements and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads and shall be anchored to prevent floatation, collapse, or lateral movement of the structure. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply.

All new construction and any improvements or additions to an existing floodproofed structure that would extend beyond the existing floodproofing located within 100 feet of a floodway or ordinary high water mark, if no floodway has been established, shall also meet the requirements of Yakima County Code 16C.05.28.010 and 020, and YCC 16D.05.28.010 and 020.

1612.2 Design and construction. The design and construction of buildings and structures located in flood hazard areas, including flood hazard areas subject to high velocity wave action, shall be in accordance with Chapter 5 of ASCE 7 and with ASCE 24.

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA), in a scientific and engineering report entitled “The Flood Insurance Study for Yakima County, Washington and Incorporated Areas” dated October 21, 2021, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of Chapters 13.05.010 through 13.05.170 and are established as flood hazard areas. The flood insurance study and maps are on file at the Yakima County Courthouse Building, Yakima, Washington. The best available information for flood hazard area identification as outlined in 16C.05.44.060 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under 16C.05.44.060.

1612.3.1 Design flood elevations.

Where design flood elevations are not included in the flood hazard areas established in Section 1612.3, or where floodways are not designated, the building official is authorized to require the applicant to:

1. Obtain and reasonably utilize any design flood elevation and floodway data available from a federal, state or other source; or

2. Determine the design flood elevation and/or floodway in accordance with accepted hydrologic and hydraulic engineering practices used to define special flood hazard areas. Determinations shall be undertaken by a registered design professional who shall document that the technical methods used reflect currently accepted engineering practice.

1612.3.2 Determination of impacts.

In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the applicant shall provide a floodway analysis that demonstrates that the proposed work will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction of the applicable governing authority.

(Ord. 7-2021 § 2, 2021).

13.05.100 Reserved.

(Ord. 4-2021 § 2, 2021).

13.05.110 Reserved.

(Ord. 4-2021 § 2, 2021).

13.05.120 Reserved.

(Ord. 4-2021 § 2, 2021).

13.05.130 Reserved.

(Ord. 4-2021 § 2, 2021).

13.05.135 Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G105.1, General.

Section G105.1 of Appendix Chapter G of the International Building Code, 2018 Edition, is hereby amended as follows:

G105.1 General. The board of appeals established pursuant to Section 113 shall hear and decide requests for variances. The board of appeals shall base its determination on technical justifications, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this appendix and Section 1612.

Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; that they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare.

(Ord. 4-2021 § 2, 2021).

13.05.140 Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G104.2, Application for permit.

Section G104.2 of Appendix Chapter G of the International Building Code, 2018 Edition, is hereby amended with the addition of subsections G104.2.1 and G104.2.2 as follows:

G104.2.1 Action on application.

The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

G104.2.2 Time limitation of application.

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(Ord. 4-2021 § 2, 2021).

13.05.150 Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G501, Manufactured Homes.

Section G501 of Appendix Chapter G of the International Building Code, 2018 Edition, is hereby amended with the addition of subsection G501.6 as follows:

G501.6 Placement prohibited. The placement of new or replacement manufactured homes is prohibited in floodways under the provisions of RCW 86.16.041 and WAC 173-158-070. Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in floodways may be considered under the provisions of WAC 173-158-075. Repairs, reconstruction, replacement, or improvements to substantially damaged residential structures, other than farmhouses, located in floodways may be considered under the provisions of WAC 173-158-076.

(Ord. 4-2021 § 2, 2021).

13.05.155 Amendment to Appendix Chapter J, Grading, Section J101.2, Flood Hazard Areas, and J102, Definitions.

Section J101.2 and Section J102 of Appendix Chapter J of the International Building Code, 2018 Edition, are hereby amended as follows:

J101.2.1 Flood hazard areas. The intent of this section is to permit grading in a floodway only if it is demonstrated that this activity will not adversely affect surrounding areas by increasing the base flood elevation. No permits for grading, excavation and earthwork construction, including fills and embankments, in floodways within flood hazard areas established in Section 1612.3 or in flood hazard areas where floodways have not been designated, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood, as required by Sections G103.5 and G401.1 of the International Building Code.

J102.1 Definitions. The following words, for the purposes of this appendix, have the meanings shown herein Refer to Chapter 2 of the International Building Code for general definitions.

BENCH. A relatively level step excavated into earth material on which fill is to be placed.

CHANNEL. An open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.

COMPACTION. The densification of a fill by mechanical means.

CUT. See Excavation.

DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.

EROSION. The wearing away of the ground surface as a result of the movement of wind, water or ice.

EXCAVATION. The removal of earth material by artificial means, also referred to as a cut.

FILL. Deposition of earth materials by artificial means.

GRADE. The vertical location of the ground surface.

GRADE, EXISTING. The grade prior to grading.

GRADE, FINISHED. The grade of the site at the conclusion of all grading efforts.

GRADING. An excavation or fill or combination thereof.

KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope.

SLOPE. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.

(Ord. 4-2021 § 2, 2021).

13.05.160 Amendment to Appendix Chapter J, Grading, Section J103.2, Exemptions.

Section J103.2 of Appendix Chapter J of the International Building Code, 2018 Edition, is hereby amended as follows:

J103.2 Exemptions. A grading permit is not required for the following:

1. When approved by the building official, grading in an isolated, self-contained area. provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure permitted under this code. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure.

3. Cemetery graves

4. Refuse disposal sites permitted by other regulations

5. Excavations for wells, tunnels, or trenches for utilities

6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent property.

7. Exploratory excavations under the direction of a registered design professional.

8. An excavation which (1) is less than 3 feet (915 mm) in depth, or (2) which does not create a cut slope greater than 6 feet (1829 mm) in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope).

9. A fill less than 2 foot (610 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 4 feet (1219 mm) in depth, not intended to support structures, which does not exceed 100 cubic yards (76.6 m3) on any one lot and does not obstruct or divert a drainage channel.

10. Test holes done under the provisions of an on-site sewage disposal permit application.

11. Grading, including roads, bridges and municipal construction, which is designed to WSDOT, APWA or FHWA standards and specification where such grading is subject to review and approval of a local government agency or a state or federal agency.

12. When approved by the Building Official, temporary grading work necessary to protect property.

13. Grading work, which (1) is not intended to support structures, and (2) is subject to permitting requirements of other regulations.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

(Ord. 4-2021 § 2, 2021).

13.05.170 Amendment to Appendix Chapter J, Grading, Section J112 Added.

Appendix Chapter J of the International Building Code, 2018 Edition, is hereby amended by the addition of Section J112 as follows:

Section J112 Hazards. Whenever the building official determines that any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, or obstructs or diverts a drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.

(Ord. 4-2021 § 2, 2021).

13.05.180 Amendment to Appendix Chapter J, Grading, Section J113 Added.

Appendix Chapter J of the International Building Code, 2018 Edition, is hereby amended by the addition of Section J113 as follows:

Section J113 Grading Fees

J113.1 Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in amended Table A-33-A as established in YCC 13.24.030. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater.

J113.2 Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in amended Table A-33-B as established in 13.24.030. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities.

(Ord. 4-2021 § 2, 2021).